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Cramer is frustrated, to say the least, by how Congress and the Department of Justice have held up the XM [XMSR  Loading...      ()   ] - Sirius [SIRI  Loading...      ()   ] merger in hearings for over a year. They have now debated this merger longer than they did ExxonMobil, ChevronTexaco or even the Iraq War.

Perhaps the staunchest opponent to the deal is Rep. Gene Green (D-Texas), who coauthored a bipartisan letter to the DoJ last summer requesting that the deal be squashed. On Friday’s Mad Money, Rep. Green came on to explain his position.

It all boils down to the issue of choice, according to Green. When the licenses for XM and Sirius were issued years ago, the agreement was for two providers in the satellite radio space and this proposed merger directly conflicts with that agreement, he said.

Green likened the XM-Sirius deal to when DirecTV [DTV  Loading...      ()   ] tried unsuccessfully to merge with EchoStar [SATS  Loading...      ()   ] a few years ago. The FCC did not grant approval to that merger because it would only have allowed for only one provider in the satellite television arena. This is the exact same concept, as far as Green is concerned. Why should the regulators rule any different?

Green conceded that a combined XM-Sirius would not constitute a monopoly since the public would always have the choice of traditional terrestrial radio, but a merger would still be anti-competitive in his view. Green said he’s a supporter of terrestrial radio and rebuked the notion that he has allegiance to its lobby because it has donated money to his campaign.

While he appreciates Rep. Green coming on Mad Money to represent the other side, Cramer isn’t through using his bully pulpit to call for this merger to pass. Stay tuned.


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